River Realty Development (1976) Inc. - Certificate of property use

A risk assessment was undertaken for this property to establish the risks that the contaminants identified in the risk assessment may pose to future users and to identify appropriate risk management measures to be implemented to ensure that the property is suitable for the intended use of “Commercial use”, “Industrial use” and/or “Community use” as defined by O.Reg. 153/04, as amended, made under the Environmental Protection Act (the "Act").

The director provided written Notice of the Director’s Decision to accept the risk assessment No. 0503-7PYNVA relating to the property to River Realty Development (1976) Inc. in accordance with s. 168.5 of the Act on October 23, 2018.

The director issued a Certificate of Property Use ("CPU") and a Section 197, EPA Order in relation to the property on May 9, 2019. The CPU incorporates the risk management measures proposed in the risk assessment and additional conditions proposed by the director. The Section 197 Order requires that a certificate be registered on the property title in accordance with section 197 of the Act and that before dealing with the property in any way, a copy of the CPU must be given to any person who will acquire an interest in the property.

The proposed risk management measures include:

• property use restrictions
• groundwater monitoring
• indoor air monitoring
• a restriction on the growing of fruits and vegetables
• restrictions on the type of buildings to be constructed
• maintaining a barrier to site soils
• conducting an inspection and maintenance program for ensuring the integrity of the barrier to site soils
• implementing a soil and ground water management plan
• provision of financial assurance to the ministry for ground water and indoor air monitoring
• implementing a health and safety plan
• reporting requirements

The proposed draft and final CPUs No. 8733-B5UL2N-A are attached under Additional Information.

Public consultation on the proposal for this decision was provided for 30 Days, from March 19, 2019 to April 18, 2019. In addition, a notice of the proposal was provided to property owners surrounding the site.

As a result of public consultation on the proposal, the ministry received a total of 0 comments.

The director decided that there was no need to make any changes to the CPU other than the following which were made to correct minor errors or update the CPU to current ministry practices:

• in the summary section, a prohibition on the growing of fruits and vegetables on the property was added
• In the duration section, the following was added: “Prohibition on growing fruits and vegetables as long as the Contaminants of Concern are on the property”
• item 3.4 was revised to add restrictions on building construction
• item 4.2 (a) was changed to reflect that the barrier to site soils could be the existing building slab, existing building foundation, existing asphalt areas or new building slab, new building foundation and new asphalt areas
• item 4.2 (a) (i) was modified to reflect that the hard cap could be 75 mm of concrete
• item 4.2 (a) (iii) was modified to reflect that shallow rooting plants are allowed to a maximum depth of 0.5 metres not 0.15 metres
• item 4.2 (a) (iv) was modified to reflect that shallow rooting plants are allowed to a maximum depth of 0.5 metres not 0.15 metres
• item 4.2 (b) was revised to clarify that inspection and maintenance of the barriers to site soils shall be completed to “ensure the continuing integrity of the existing and new barrier Risk Management Measures”
• item 4.2 ( c) was added to restrict the growing of any fruits and vegetables on the property unless they are planted in above ground containers such that they are isolated form the subsurface conditions
• item 4.2 (j) was modified to have a copy of all groundwater monitoring results, a copy of all indoor air monitoring results and an update of the financial assurance cost estimate included in the annual report to the ministry
• minor grammatical errors were corrected